The Supreme Court recently dismissed a criminal case against an HDFC Bank official, highlighting that he was not the "authorised officer" during the auction sale in question.
An HDFC Bank official and a Branch Manager were accused of selling a property already acquired by the Tamil Nadu Housing Board in an auction. The buyer later filed a case for cheating and forgery. The official sought to quash the charges, but his request was initially denied. The Supreme Court, however, quashed the case, ruling the official was not the authorized officer during the auction.
The bench comprising Justice Vikram Nath and Justice Sandeep Mehta observed, “It is evident that the sale certificate was issued by the appellant’s predecessor and, at the relevant time, the appellant was not the authorized officer empowered to issue the certificate. In fact, right from the initiation of the auction process to the issuance of sale certificate, no direct involvement of the appellant can be seen as he was not the authorized officer during the said period and assumed the office of Manager only in November, 2014. Therefore, it becomes clear as day that the appellant had no role to play in the transaction leading to the FIR as he was not a signatory to the sale certificate. Since the appellant was neither the authorized officer at the relevant time nor responsible for the auction process or issuance of the sale certificate, the allegations against him are baseless and do not attract criminal liability.”
“The continuation of the instant criminal proceedings against the appellant shall lead to abuse of process of law, cause nothing but miscarriage of justice and inordinately harass the appellant who has been implicated without due cause.” the Court added.
The bench then decided to quash the criminal proceedings against the appellants.
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